Terms and Conditions
Article 1: Definitions
1. Cultured Youth, established in Oosterbeek, the Netherlands, Chamber of Commerce (KvK) number 82133085, is referred to in these general terms and conditions as the seller.
2. The other party of the seller shall in these general terms and conditions be referred to as the buyer.
3. The parties are the seller and the buyer together.
4. The Agreement shall refer to the purchase agreement between the parties.
Article 2: Applicability of General Terms and Conditions
1. These terms and conditions shall apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the Seller.
2. Deviation from these terms and conditions is only possible if this has been explicitly agreed in writing by the parties.
Article 3: Payment
1. The full purchase price is always paid in the store. For reservations, in some cases a deposit is expected. In that case the buyer will receive a proof of the reservation and the advance payment.
2. If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
Article 4: Offers, quotations and price
1. Offers are without obligation, unless the offer states a period for acceptance. If the offer is not accepted within that period, the offer expires.
2. Delivery times in offers are indicative and, if exceeded, do not entitle the buyer to dissolution or damages, unless the parties have explicitly agreed otherwise in writing.
3. Offers and quotations do not apply automatically to repeat orders. The parties must agree to this explicitly and in writing.
4. The price mentioned in offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
Article 5: Right of withdrawal
1. After receiving the order, the consumer has the right to dissolve the agreement within 14 days without giving reasons (right of withdrawal). The period starts from the moment the (complete) order is received by the consumer.
2. There is no right of withdrawal if the products are custom made according to his specifications or have only a short shelf life.
3. During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur. If this is not the case, Cultured Youth may refuse a refund.
Article 6: Delivery and transfer of risk
1. As soon as the purchased goods are received by the buyer, the risk passes from the seller to the buyer.
Article 7: Examination, complaints
1. The Purchaser shall be obliged to examine the goods delivered at the time of delivery, or at any rate within as short a period as possible, or to have them examined. In doing so, the Purchaser shall ascertain whether the quality and quantity of the goods delivered are in accordance with what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable thereto in normal (commercial) dealings.
2. If the complaint is declared well-founded within the prescribed period, the Seller will be entitled either to repair or redeliver, or to cancel delivery and send the Buyer a credit note for that part of the purchase price.
3. The Seller cannot be held responsible for minor deviations and/or deviations customary in the sector, nor for differences in quality, number, size or finish.
4. Complaints with regard to a certain product will not affect other products or parts belonging to the same agreement.
5. After the processing of the goods at buyer's no complaints will be accepted.
Article 8: Samples and models
1. If a sample or model has been shown or provided to the Purchaser, it is assumed to have been provided only as an indication, without the item to be delivered having to correspond to it. This shall not apply if the parties have expressly agreed that the good to be delivered shall correspond to it.
2. In the case of contracts relating to immovable property, mention of the surface area or other measurements and indications shall also be presumed to have been intended only as an indication, without the good to be delivered having to correspond to it.
Article 9: Delivery
1. Delivery takes place 'ex works/shop/warehouse'. This means that all costs are for the buyer.
2. The Purchaser shall be obliged to accept the goods at the moment that the Seller delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the agreement.
3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller shall be entitled to store the goods at the Buyer's expense and risk.
4. If the goods are delivered, the seller is entitled to charge any delivery costs.
5. If the Seller requires information from the Buyer for the execution of the agreement, the delivery period shall commence after the Buyer has made such information available to the Seller.
6. Any delivery period given by the Seller shall be indicative. It is never a deadline. If the term is exceeded the buyer must give the seller written notice of default.
7. The Seller will be entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. In the event of delivery in parts the Vendor shall be entitled to invoice such parts separately.
Article 10: Transfer of Rights
1. Rights of a party under this agreement may not be transferred without the prior written consent of the other party. This provision is considered a clause with effect under property law as referred to in article 3:83, paragraph 2, of the Dutch Civil Code.
Article 11: Duty to complain
1. The Purchaser is obliged to report complaints about the work carried out to the Seller immediately. The complaint shall contain as detailed a description as possible of the shortcoming, so that the Seller is able to respond adequately.
2. If a complaint is well-founded, the Vendor is obliged to repair and possibly replace the goods.
Article 12: Applicable law and competent court
1. Any agreement between the parties shall be governed exclusively by Dutch law.
2. The Dutch court in the district where Cultured Youth has its registered office / practice is exclusively competent to take cognizance of any disputes between the parties, unless the law imperatively dictates otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If one or more provisions of these General Terms and Conditions are held to be unreasonably onerous in legal proceedings, the other provisions will remain in full force